214 R.I. Code R. 214-RICR-40-00-5.1

Current through December 3, 2024

Section 214-RICR-40-00-5.1 - GENERAL PROVISIONS

5.1.1Legal Basis

A. These regulations for the licensing of child placing agencies are promulgated pursuant to the Licensing Act for the Placement and Care of Children.

B. As defined in the Act, a "child placing agency" shall mean "any private or public agency which receives children for placement into independent living arrangements, supervised apartment living, residential group care facilities, family foster homes or adoptive homes."

5.1.2Philosophy

A. By its enabling legislation, the Rhode Island Department of Children, Youth and Families is "designated as the single authority to establish and provide a diversified and comprehensive program of services for the social well-being and development of children and their families."

B. Further, the Department is required to set standards for social services and facilities for children, and by statute to establish regulations for the licensing of child placing agencies.

C. Child placing agencies assist the Department in the implementation of its child care responsibilities. They thereby share in the duty to protect and safeguard the well-being and development of the children in their care, and, through a variety of placement options offering diversified care and treatment programs, to assist the child in finding a permanent, loving home. The primary goal of a child placing agency shall be to maintain and strengthen family integrity. Every effort shall be made to prevent the removal of a child from his/her own home.

D. These regulations are written to assist the child placing agency in carrying out these responsibilities to the benefit of the children and families they serve. The regulations are to be interpreted in the best interest of the child.

5.1.3Definitions

A. For purposes of these regulations, the following terms are defined:

1. "Act" means the Licensing Act for the Placement and Care of Children.

2. "Administrator" means the director of the licensing unit, or his/her designee.

3. "Agency" means a child placing agency.

4. "Alternative treatment program" means any community-based, non-residential program which provides care or treatment such as psychological services, recreational or educational services to an emotionally disturbed child in his/her own home.

5. "Applicant" means a child placing agency which has applied for a license to operate.

6. "Bedroom space" means the space in which a child sleeps.

7. "Case plan" means the comprehensive, goal-oriented, time-limited, individualized program of action for a child and his/her family, developed by the agency in cooperation with the family, whenever possible.

8. "Case record" means the unified, comprehensive collection of information concerning a child.

9. "Certify" means:

a. the process by which a foster care home, having demonstrated compliance with the Child Care regulations to a licensed child placing agency, is recommended to the Department for licensing;

b. the process of approving a foster care placement in a relative foster home; or

c. the process by which a family day care home is approved to operate.

10. "Chemical restraint" means the use of psychotropic agents as a means of controlling behavior.

11. "Child" and "Children" shall be used interchangeably herein to mean one or more children as defined in the Act.

12. "Child abuse or neglect" means the improper treatment of a child, as defined by law.

13. "Child day care center" means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from his parent or guardian for any part of a twenty-four (24) hour day, irrespective of compensation or reward. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education.

14. "Comprehensive emergency services program" means a program of counseling and supportive services available to families and children within a given community where a child within a family has been designated as a victim or potential victim of physical or emotional abuse or neglect. These programs also have the capability to place children in licensed foster homes.

15. "Day treatment program" means any non-residential specialized program of care or treatment for emotionally disturbed children.

16. "Department" means the Rhode Island Department of Children, Youth and Families.

17. "Discipline policy" means written policies and procedures governing conduct, which prescribe consequences for violation of rules and positive responses to appropriate behavior.

18. "Emergency placement" means the placing of a child outside his/her natural home as the result of an unexpected occurrence which demands immediate attention.

19. "Facility" means the physical environment used by a program.

20. "Family day care home" means any home other than a child's natural, relative or adoptive home in which child day care in lieu of parental care or supervision is offered at the same time to four (4) or more children who are not related to the care giver.

21. "Foster parent" means a person or married couple who receives into his/her home for care or treatment one or more children unrelated to the care giver by blood, marriage or adoption and who receives compensation for child care costs.

22. "Governing body" means the association of persons who have the ultimate responsibility for conducting the affairs of a child care program or child placing agency.

23. "Group Home I" means a specialized facility for child care or treatment in a dwelling or apartment owned, rented or leased by a public or private child placing agency, an independent operator or private or public organization which receives not more than eight (8) children for twenty-four (24) care.

24. "Group Home II" means the same as a group home I (above), excepting that the number of children in care may not exceed twelve (12).

25. "Household" means those adults and children, if any, who reside regularly with the foster parent.

26. "Independent living program" means the placement of a child in his/her own residence under the regular supervision of a licensed child care program.

27. "Independent placement" means the direct arrangement between a parent or relative and a non-related foster family home or licensed family day care or respite care home.

28. "In home services program" means a program which provides care or treatment to a child in his/her natural or adoptive home.

29. "Isolation" means the confinement of a child in an unlocked room when there is no staff member physically present in the room.

30. "Licensing agency" means the Department.

31. "Licensing study" means the examination of compliance with the licensing regulations by the agency for the purpose of issuing or denying a license to operate.

32. "Living unit" means an integral living space used by a particular group of children for eating and sleeping.

33. "Mechanical restraint" means the restriction by mechanical means of a child's mobility or ability to use his/her hands, arms, or legs.

34. "On-grounds educational program" means a program of educational services approved by the State Department of Education and operated by the program.

35. "Parent" means the natural or adoptive mother or father, and shall be construed to mean both parents of a child when applicable.

36. "Passive physical restraint" means the least amount of direct physical contact required on the part of a staff member to prevent a child from harming him/her self or others, or to prevent destruction of property by a child.

37. "Program" means a child care program.

38. "Psychotropic medication" means a drug or substance which controls behavior.

39. "Re-placement" means the moving of a child from one foster home to another.

40. "Research" means the use of a child physically, emotionally or psychologically for purposes of investigation or experimentation of scientific data.

41. "Residential group care program" means any program serving thirteen (13) or more children, which provides 24 hour care, including room and board, recreational programs, social services, and may include educational or psychological services.

42. "Residential treatment program" means a program which provides on a 24 hour basis, care or treatment for emotionally disturbed children whose needs exceed the normal limits of care. Treatment can include, but is not limited to: psychiatric services, clinical social work, psychological services, special education, medical and consultative services.

43. "Respite care" means a program which provides full time care for a child for the purpose of temporary relief for the caretaker of child care responsibilities.

44. "Restraint" means the physical restriction of a child's freedom or freedom of movement.

45. "Secure care" means any program of residential care which employs locked doors or any other physical means to prevent a child from leaving the facility.

46. "Service plan" means a comprehensive, time - limited, goal oriented, individualized plan for the care, treatment and education of a child, developed and implemented by a child care program that has the child in its care. This plan shall be based upon and in conformity with the child's case plan.

47. "Shelter care program" means any program which provides temporary care in a group home or institution for a period not exceeding ninety (90) days.

48. "Social service supervisor" means the person who supervises the work of social service workers.

49. "Social service worker" means a staff member of a child placing agency who works directly with children, their families, and other relevant individuals, and who is primarily responsible for the development, implementation, and review of case plans for the child and family; or who studies and certifies private family homes for licensure and supervises those homes; or who studies private family homes for adoptive placements.

50. "Staff" means all persons, individually or collectively who provide services within the program; including all employees, volunteers, student interns, and consulting professionals; or a person who is under contract to the agency to provide specific services.

51. "Supervised apartment living program" means a Program which places adolescents, apart from their parent or guardian, in apartments with other adolescents and provides routine supervision by a social service worker.

52. "Terms of the license" means those functions which are noted on the agency's license.

53. "Time-out procedure" means the isolation of a child in an unlocked room.

54. "Treatment modality" means a consistent program of services designed to meet special needs of children served by the program over and above the provision of basic care.

55. "Wilderness program" means a program designed to teach interpersonal and survival skills to a child in a wilderness setting.

214 R.I. Code R. 214-RICR-40-00-5.1